H-1B Responsibilities Overview
Ongoing Responsibilities for Departments and Employees in H-1B Status :
The hiring department and the H-1B employee must maintain compliance with H-1B federal regulations during the course of the employee's employment at Vanderbilt. Failure to maintain compliance could result in serious penalties and fines should Vanderbilt be audited by DOL or USCIS. The responsibilities of departments and H-1B employees are listed below.
Responsibility of Departments :
- Prior to submission of the petition the department will be required to post a notice, in the employee’s work site, that includes the title, salary and time period requested.
- The department is required to notify GSS in advance of any employment changes related to employees in H-1B status. Such changes include changes in job title, salary, job duties, or decrease/increase in work hours. Some changes require that GSS file an amended H-1B petition with the USCIS and, if so, the department is responsible for the fees associated with this filing.
- The department must notify GSS if an employee will be transferring to a new department at Vanderbilt, even if the job title and job duties will not change significantly.
- The department is required to notify GSS if it is determined that the employee's job will be terminated prior to the H-1B expiration date. This is considered an involuntary separation and, under H-1B regulations, the department is required to pay the cost of return transportation to the employee's home country. The department must provide the H-1B employee with a copy of the H-1B Return Transportation Form (for Involuntary Separation) form and provide GSS with a copy of the completed, signed and dated document.
- There is no lawful grace period for the H-1B employee after early termination of employment, termination carries serious implications for the H-1B employee’s immigration status. Advance notice of termination will allow employees in H-1B status to explore other job opportunities at Vanderbilt or within the USA, or file a timely application for change to another permissible immigration status.
Responsibility of Employees in H-1B Status:
- Employees must notify GSS in advance of any employment changes. Such changes include changes in job title, salary, job duties, or decrease/increase in work hours. Some changes require that GSS file an amended H-1B petition with the USCIS.
- Employees in H-1B status are required to notify GSS of a change in immigration status, such as a change to permanent residence or student status. Changes in status may require GSS to request withdrawal of the H-1B petition filed by Vanderbilt.
- The employee must update his/her Form I-9 and international tax record to reflect the change in work authorization.
- Employees should also notify GSS of any travel complications while traveling abroad, such as consular delays or incorrect information on the I-94 document. GSS will provide timely assistance with travel complications whenever possible.
- Employees are required to provide GSS with a copy of any new I-94 cards obtained during entry/re-entry to the US so that GSS can ensure continued employment authorization.